N.Y. Comp. Codes R. & Regs. tit. 22 § 160.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 160.1 - Definitions

As used in this Part, the following terms shall have the indicated meanings:

(a) "Alternative dispute resolution" or "ADR" shall refer to any one of a variety of processes designed to help parties resolve civil disputes alongside or apart from litigation. These processes include, but are not limited to, mediation, neutral evaluation, and other dispute resolution processes offered by community dispute resolution centers.

(b) "Civil dispute" shall refer to any civil action or proceeding commenced in a court of the Unified Court System ("UCS").

(c) "Community dispute resolution center" shall refer to a not-for-profit organization that is a center within the meaning of subdivision one of section 849-a of the Judiciary Law and that receives funding from the UCS pursuant to Article 21-A of such Law.

(d) "Court ADR program administrative personnel" shall refer to a local ADR coordinator or other nonjudicial court staff who administers an ADR program.

(e) "Mediation" shall refer to an ADR process in which a neutral third party (referred to as a mediator) helps parties communicate, identify issues, clarify perceptions, and explore options for a mutually acceptable outcome.

(f) "Mediation-trained court staff" shall refer to employees of the UCS who have completed the training required of a mediator pursuant to subdivision (b) of section 146.4 of the Rules of the Chief Administrator of the Courts (22 NYCRR § 146.4(b)), or its equivalent as approved by the administrative judge of the judicial district in which they serve in consultation with the Statewide ADR Office of the UCS, and who provide mediation services in disputes referred to an ADR process in accordance with this Part.

(g) "Neutral evaluation" shall refer to a non-binding process in which a neutral third party (referred to as a neutral evaluator) with expertise in the subject matter relating to the civil dispute referred to such process provides an assessment of likely court outcomes of that dispute or an issue to help the parties to such dispute reach a settlement.

(h) "Roster mediator" shall refer to a mediator who has been appointed to a roster of mediators compiled pursuant to section 146.3 of the Rules of the Chief Administrator of the Courts (22 NYCRR § 146.3).

(i) "Roster neutral evaluator" shall refer to a neutral evaluator who has been appointed to a roster of neutral evaluators compiled pursuant to section 146.3 of the Rules of the Chief Administrator of the Courts (22 NYCRR § 146.3).

N.Y. Comp. Codes R. & Regs. Tit. 22 § 160.1

Adopted eff. 2/13/2024.